On May 13th, the Senate Committee on Commerce, Science, & Transportation held a nominations hearing for Federal Railroad Administration (FRA) and Amtrak Board of Directors nominees. Throughout the hearing, both the FRA and Amtrak nominees and the Senators present discussed the importance of the national passenger and freight rail systems for the economy and community connectivity. On May 14th, Chairman Ted Cruz (R-TX) announced the full committee will convene on Wednesday, May 21st to vote on both nominees.  

Witness List 

• Mr. David Fink, of New Hampshire, to be Administrator of the Federal Railroad Administration 

• Mr. Robert Gleason, of Pennsylvania, to be a Director of the Amtrak Board of Directors  

Fink is a fifth-generation railroader who has spent his career in rail, starting as a teenage track worker and eventually becoming the President of Pan Am freight railways, the largest regional railroad in the country before it was sold to CSX. During the hearing, Fink testified that he would prioritize safety and regulatory systems that promote innovation.

However Democratic Senators were critical of Fink’s safety record as head of Pan Am Railways, more so than Republican members and despite Fink’s assurances. (Ed. Note: This particular partisan polarization may have something to do with the fact that Pan Am’s longtime owner and Fink’s immediate boss during his time there, went and wrote a $50 million donation check to the Trump campaign last year.)

Across the aisle Senators also wanted assurances about grant funding for rail programs. Fink was somewhat noncommittal, saying he will need to review grant programs but understands the importance of grant programs in enhancing rail infrastructure.  

Gleason served in the Air Force, runs a family insurance business, and has worked as a public servant in Pennsylvania under governors from both parties, including serving as Secretary of the Commonwealth, serving on the Pennsylvania Turnpike Commission, and serving on the State Transportation Commission. He emphasized the importance of long-distance rail networks in connecting rural areas to urban areas. Democratic Senators raised concerns about potential cuts to Amtrak funding. Gleason testified that he does not support cuts, but he also discussed the possibility of utilizing non-government sources to fund railway expansion and enhancing transparency around Amtrak funding. 

Pan Am Safety History  

Democratic Senators questioned how Fink would be able to hold other railroads accountable for safety concerns, poor track conditions, and cultural issues, when these were issues his own former railroad, Pan Am, faced. Sen. Gary Peters (D-MI) highlighted a 2022 FRA audit of Pan Am which found a lack of action from leadership on significant safety issues. The FRA audit was triggered by a fatal employee accident in 2021 in New Hampshire and an employee injury in 2022 in Maine which occurred towards the end of Mr. Fink’s extensive tenure as president of the railroad. The FRA’s letter to Pan Am cited an “Apparent failure of Pan Am’s leadership to take action to develop a positive safety culture throughout the organization.”

Peters also mentioned court cases finding a culture of employee intimidation and a high rate of injuries reported to the FRA by employees. Full committee ranking minority member Maria Cantwell (D-WA) said Pan Am’s main line derailment numbers were double the industry average and said Pan Am was convicted of trying to cover up a spillage of fuel. Sen. Tammy Baldwin (D-WI) cited commentary from the CEO of CSX on the poor condition of the Pan Am track infrastructure.  

Fink defended his time with Pan Am, highlighting his work to foster a safety culture, including conducting regular field meetings with railroad labor and piloting and conducting two safety culture examinations. While he disagreed with the audit’s statements about his leadership and culture, he said his organization worked with the FRA to address the issues identified by the audit. Fink and Chairman Cruz said Pan Am’s main line derailment numbers were in the middle of their peer group and cited Pan Am’s rank as third out of 11 class 2 railroads for safety.

Fink said the CSX commentary was referencing one piece of track on an overgrown wetland. Regarding the spillage, he said Pan Am was already cleaning up the incident, but received a fine because an employee did not properly report it. Besides Cruz’s defense, Republican members were largely silent on Pan Am’s safety history and instead focused on Fink’s vision for promoting safety at the FRA. 

Grant Program Funding 

Senators on both sides of the aisle had questions about grant program funding assurance. In his opening statement, Sen. Peters said infrastructure investments are essential to improving and expanding Amtrak’s rail service. Sen. Jerry Moran (R-KS) highlighted the importance of the Corridor Identification and Development Program in connecting underserved communities to passenger rail in Kansas. Sen. Amy Klobuchar (D-MN) discussed how programs such as the Rail Crossing Elimination Grant Program promote safety in freight transportation and address blocked railways. Sen. Tammy Duckworth (D-IL) brought up the Federal-State Partnership for Intercity Passenger Rail Grant.

Fink said he was not up to speed on all of the grant programs, including not being familiar with the Corridor ID Program, but expressed interest in reviewing them. He said if he does not find any issues after review, he will make sure the funds are delivered without delay. He highlighted the ability of grant programs such as the Consolidated Rail Infrastructure and Safety Improvements Program to promote safety and efficiency in critical rail infrastructure. He did not specify what he will look for in his review of grant programs but added that there is room for improvement in the selection and delivery of projects.  

Addressing Derailments  

Senators from both parties discussed the East Palestine train derailment and the importance of both preventing derailments and ensuring a rapid response when they occur. Sen. Shelley Moore Capito (R-WV) asked Fink what should be done to ensure lessons learned are effectively implemented by railroads to prevent future incidents. Fink said East Palestine was a preventable tragedy and that more trackside sensors are needed to detect when bearings are overheating.

However, he emphasized that FRA is the enforcer, not a creator of safety laws which must first be passed by Congress. Fink echoed this sentiment in response to Sen. John Fetterman’s (D-PA) question about the delay in Congressional passage of the bipartisan railway safety act. In response to Sen. Ed Markey (D-MA), Fink said he is aligned with Secretary Duffy’s expressed support of the 2024 FRA regulation requiring two crew members on class one trains, which is opposed by many Congressional Republicans.  

Technology  

Sen. Jerry Moran (R-KS) asked Fink to discuss how he would modernize FRA’s regulations to ensure the FRA can promote, rather than hinder, incorporation of new processes and technologies by railroads to augment safety. Fink said safety is the top priority of the FRA and expressed interest in working with private partners and the Office of Safety to collect data and to ensure new technologies are ready for usage.  

Cargo Theft  

Sen. Marsha Blackburn (R-TN) raised concerns about cargo theft at intermodal rail yards. Fink agreed and expressed interest in addressing the issue through collaboration between the FRA, those working in railroad security, and local communities.  

Long-Distance Rail Service  

Senators from both parties were looking for assurances of support for the national network which requires much higher levels of federal funding than the Northeast Corridor. Historically Republicans with constituents serviced by the long-distance network have been supportive of its funding. Both Sen. Jerry Moran (R-KS) and Sen. Amy Klobuchar (D-MN) emphasized the importance of long-distance passenger rail services in connecting rural areas to urban centers and promoting economic growth. Gleason said he is committed to supporting long-distance trains and expressed interest in expanding rail services, saying that when rail is provided, it is utilized by communities. In his opening statement, Gleason spoke about the importance of connecting smaller communities bypassed by interstate highway systems, such as the one he grew up in, through rail systems. He also spoke about passenger rail as a powerful vehicle for economic growth, revitalizing communities through new jobs and new flows of consumers. Fink also spoke in favor of Amtrak as a national network in response to Sen. Ben Ray Luján (D-NM)’s concerns about funding and updating equipment for the long-distance network in the Southwest.  

Capito also spoke in support of recent efforts by Amtrak to expand ridership by augmenting station accessibility. However, she and Gleason agreed that more work is needed to improve the overall standards of passenger rail service in the U.S. 

Amtrak Funding  

In his opening statement, Gleason discussed his desire to work to improve and expand passenger rail in a fiscally responsible way, pushing for more board transparency and advocating for the productive use of taxpayer dollars. Chairman Cruz raised concerns about Amtrak’s allocation of its $66 billion in IIJA funding, highlighting an employee healthcare fraud scheme and rising project costs. Mr. Gleason again affirmed his interest in the efficient usage of Amtrak dollars and spoke in favor of basing executive bonuses on measurable metrics.  

Sen. Andy Kim (D-NJ) raised concerns about potential cuts to the Northeast Corridor and emphasized the need for a forward-looking vision for the future of Amtrak. Gleason said he does not support budget cuts and spoke in support of efforts to find alternative ways to pay for such expansions without taxpayer dollars.  

Sen. Lisa Blunt Rochester (D-DE) also highlighted the economic importance of and increasing ridership on the Northeast Corridor. She questioned how Amtrak plans to deal with increasing demand while simultaneously carrying out mass layoffs. Sen. Fetterman also expressed concern that the administration change may result in decreased rail service. Gleason disagreed, saying there is a need for more passenger rail service. He was not as concerned about potential cuts, citing increasing ridership from younger generations and general support for rail service amongst the Senators.